Legal Opinion
City of Santa Barbara v. Superior Court
California Court of Appeal
Decided September 7, 2004No. B175204PublishedCited by 16 opinions
1Opinion of the Court
Opinion
VEGAN, J.—
An attorney who switches sides during litigation is disqualified from representing his or her former adversary. The disqualification extends to the attorney’s entire new law firm. But a city attorney’s office is not a “law firm” within the meaning of the vicarious disqualification rule. As we shall explain, in an ordinary civil case, disqualification of a nonsupervisorial deputy city attorney should not result in the vicarious disqualification of the entire city attorney’s office. Such would deprive the city of its counsel of choice, result in an unnecessary burden on the…
2Cases cited10 opinions
- People Ex Rel. Deparment of Corporations. v. Speedee Oil Change Systems, Inc.California Supreme Court · 1999
- Flatt v. Superior CourtCalifornia Supreme Court · 1994
- Civil Service Commission v. Superior CourtCalifornia Court of Appeal · 1984
- Chambers v. Superior CourtCalifornia Court of Appeal · 1981
- Chadwick v. Superior CourtCalifornia Court of Appeal · 1980
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3Cited by16 opinions
- City & County of San Francisco v. Cobra Solutions, Inc.California Supreme Court · 2006
- Los Angeles County Department of Children & Family Services v. Shadonna C.California Supreme Court · 2008
- Kirk v. First American Title InsuranceCalifornia Court of Appeal · 2010
- Sharp v. Next Entertainment Inc.California Court of Appeal · 2008
- Cal. Self-Insurers' Sec. Fund v. Superior Court of Orange Cnty., California Court of Appeal, 5th District2018
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